Beginning the Process

[shikarnov 7]

Hi All,

I'm a recent graduate to this forum from the K1 / Russia forums... How y'all doin? I'm Zhenya and my wife, Ira, is from Russia. And we're just starting the AOS Process. And, of course, the very instant we downloaded the forms (that the AOS Guide said we should), the first field prompted a question.

Family Name.

Ira and I were married in Connecticut. The marriage certificate didn't get into any specifics regarding Ira's plans to take my surname. And we were never asked if she was changing her name to mine, nor did we file any paperwork to that effect. Her passport, visa, and all existing documents are in her maiden name.

Is it as simple as just filing the paperwork in her married name (and putting her maiden name in the "all other names used" field)? And, of course, going to Social Security to get a new card? Or is there more to this than I'm thinking?

Thanks in advance for your replies.

Z

Edited June 30, 2008 by shikarnov

[Kathryn41 3,205]

Yes, when the name change is based on marriage, it is as simple as filling out the AOS using her married name as the name she wishes to be known by. The marriage certificate is the legal document that supports the name change. Good luck. (Oh, and congratulations on your marriage )

Edited June 30, 2008 by Kathryn41

[Eric-Pris 1,609]

The marriage certificate didn't get into any specifics regarding Ira's plans to take my surname. And we were never asked if she was changing her name to mine, nor did we file any paperwork to that effect. Her passport, visa, and all existing documents are in her maiden name.

Our marriage certificate had my wife's maiden name and indicated her new last name below that, and that's what we're filing AOS as. When we applied for the marriage license, we were asked if my wife was keeping her name or changing to my last name. If your marriage certificate doesn't indicate your wife taking your last name, then you shouldn't file the AOS using your last name, in my opinion, because the names won't match since all her documents are in her maiden name and you don't have a marriage certificate to show the name change.

[Kathryn41 3,205]

No, many marriage certificates do NOT state the woman's last name as her husband's anywhere on the form. Our marriage certificate only has Joe (his last name) and Kathryn (my last name) as the two applicants. It doesn't have any place where it states I will use his last name from now on or if I keep my maiden name.

Names are allowed to be changed through certain legal documents. A court approved name change document is one. A marriage certificate is also considered a valid name change document when the woman takes her husband's last name as her own. It just has to show the woman's maiden name and the husband's last name - it does not have to state that the woman now has the same last name as her husband.

When the applicant submits his AOS, he/she will include a copy of the marriage certificate. The marriage certificate will show that wife (maiden name) married husband (last name). The AOS will show the husband's last name as the name of the applicant with the 'other names used' showing the maiden name. When she goes to SSN to change her card, she will bring her marriage certificate with her. They will accept the marriage certificate as a valid document to change her name from the immigration approved name to her new last name as they have shown she is the SAME PERSON as was legally admitted by USCIS. It is the same with a US citizen who changes her name through marriage - her legal presence document is her birth certificate that gives her original name. The marriage certificate legally changes the name if the woman chooses to do so.

Edited June 30, 2008 by Kathryn41

[KGSodie 0]

Yeah, it works that way in my state (Nebraska too) - the license only shows the applicants last names as of the application. Changing names is a whole 'nother thing.

[payxibka 10,048]

In MN they provide an opportunity for each applicant to change any or all of there name (first, middle, last) My wife changed the spelling of her first name, adopted a middle name and changed her last name.... I could have done the same....